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Transport Accident Act 1986
70Decision on eligibility for compensation
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70 Decision on eligibility for compensation
S. 70(1) amended by No. 84/2000 s. 25.
(1) The Commission must within 21 days after receiving a claim for compensation—
(a) accept or reject liability to pay compensation; or
(b) make a reasonable request to the claimant to provide further information in relation to the claim or submit to a medical examination; or
(c) make a reasonable request to another person to provide information in relation to the claim and advise the claimant of the request.
S. 70(2) amended by No. 84/2000 s. 25.
(2) The Commission must, within 14 days after receiving further information sought by it in relation to a claim or the result of a medical examination or within 21 days after receiving the claim or making a request under subsection (1)(c), whichever last occurs, accept or reject the claim or make a reasonable request, or further reasonable request, under subsection (1)(b).
(3) If the Commission fails to comply with subsection (1) or (2)—
(a) the Commission shall be deemed to have rejected the claim; and
S. 70(3)(b) substituted by No. 52/1998
s. 311(Sch. 1 item 95.3), amended by No. 95/2003 s. 31.
(b) the claimant may apply to the Tribunal, within 12 months after the end of the period specified in subsection (1) or (2) (as the case requires), for review of the rejection.
(4) If a person fails without reasonable cause to comply with a request under subsection (1)(b) or (2) within 28 days after the request is made or such longer period as the Commission allows in any particular case, the claim lapses.
(5) If a claim lapses by reason of subsection (4) another claim may, subject to sections 68 and 69, be made in accordance with this Part.